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Georgia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can I get the mortgage amount and renovations cost from the estate of my deceased parents?

This is property that I inherited with 2 siblings back in 2016 after my parents death. I paid off the mortgage in full and did 30k of exterior renovations. We are currently in the process of selling the property and I would like to get back 2/3 of the mortgage and renovations off the sale of the... Read more »

James Clifton
PREMIUM
James Clifton
answered on Jan 28, 2023

If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... Read more »

1 Answer | Asked in Child Support and Estate Planning for Georgia on
Q: Unpaid child support and spousal support and revocable living trust setup by obligor to avoid payments or garnishment

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... Read more »

Seth Meyerson
Seth Meyerson
answered on Jan 20, 2023

Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Mom no will two sons one made himself executor and house and car in his name and took all insurance money. What to do?

She died 5 years ago. They had a mediation and one brother bought out the other lawyer. Now they want to take the house the car and everything. And the one that lived with her is is disabled. They said in mediation that he agreed to everything but he did not. What can we do

Seth Meyerson
Seth Meyerson
answered on Jan 20, 2023

See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Georgia on
Q: What happens to my recently deceased husbands part of an inheritance left to him in his moms will when she passes away?

My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... Read more »

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Deed transfer in revocable living trust. Should it be in the trustee's name (me) or successor trustee?

I just had a revocable living trust made with me as the trustee & grantor. Next step is the deed. The legal office isn't helping me with the deed. Told me to either do the deed transfer in my name or my successor trustee. To avoid probate in GA, which is better?

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Property should be deeded to the current trustee for the revocable trust. Doing this properly (assuming everything else is correct) should avoid the need for probate with respect to the property as the successor trustee will be able to take charge.

1 Answer | Asked in Estate Planning for Georgia on
Q: How Do I know if my younger sister is in charge of our dead parents estate with no will. Did I sign her legal rights?
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

If there is no will and your sister wanted to be placed in charge of your deceased parent's estate, she would petition the probate court (2 petitions) in the county where your parents lived when they died and ask to be placed in charge of their estates (Administrator).

If your sister...
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2 Answers | Asked in Estate Planning for Georgia on
Q: In a probate for a will 2 GAL's have different opinions on the will . what happens then
Jammie Taire
PREMIUM
Jammie Taire PRO label
answered on Jan 8, 2023

Good Evening:

We really need more information to fully answer this question; however, remember the GAL does not decide the validity of the will, that is left to the Judge. The Judge takes into consideration the opinion of the GAL but it is just that, an opinion.

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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... Read more »

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: I am the administrator over my mom’s estate in GA. How do I get a court order to evict someone from the property?

I need to get into the home to do inventory and to account for all contents before distributing assets to the heirs. I have a problem with an in-law who still lives in the home and refuses to allow access to any of the heirs to get into the home. Do I file an eviction notice against the in-law as... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 15, 2022

Hire a competent GA attorney now. The house may not be part of the Estate, and if not, the Heirs own it and a Partition Action may be needed, so a Title Search is necessary. With Letters of Administration you have authority to file the eviction action if the house is an Estate Asset, and can... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can I find out what the executor has spent of my will
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 14, 2022

Yes you are entitled to that information. Look in the probate court files for interim and final accountings. If there are none, hire an attorney to help you remove and replace the executor.

3 Answers | Asked in Estate Planning and Family Law for Georgia on
Q: Father-in-law has will naming his 4 children as beneficiaries.

Father-in-law said, according to his Georgia attorney, my husband's portion could not be left to me (spouse) should he predecease his father. It could only go to his remaining 3 children or progeny of me and my husband. Is this true? My husband told his father he would want me to receive... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 18, 2022

You father-in-law's money is his money and he can leave it to anybody he wants. He could disinherit all of his children and leave it all to charity if he wanted to. So, yes, your father in law can choose to disinherit his son and all of his son's relations (including you) if his son... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: How should a Joint Tenancy With a Right of Survivorship be Created?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 4, 2022

Generally by a Deed conveyance from the grantor to the grantees with that specific estate language in the habendum clause, and sometimes also in the granting clause.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died in 2009 a Will suddenly filed in Georgia probat court Aug. 8 2022. We are not sure if the will is legal.

It there a statue of limitation of a will being filed in Georgia probate court.

Janelle Johnson
Janelle Johnson
answered on Aug 31, 2022

If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: Have one inheritance question from the Will of a GA deceased who left monies to an individual who predeceased her.

Nephew predeceased her (decedent) & never married. He was son of her sister (hence nephew), sister (mother) predeceased the son. Father of son (who is also now deceased) remarried & had two children by another mother, so the nephew would technically have a half brother/sister.... Read more »

Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

The will, as long as it's valid, is what controls in this situation. You have to the look to the intent of the testator and what is to happen to the remainder shares when a beneficiary is no longer available to receive under the will.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Georgia Probate Question no one seems to have an answer to regarding beneficiary serving as a witness on a codicil

Ga Code 53-4-23a (2020) says

a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »

Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.

1 Answer | Asked in Real Estate Law and Estate Planning for Georgia on
Q: If you have Durable power of attorney over your Dads estate and the will was never probated, can you sell property

Within the estate without an attorney? I want to sell one of my dads houses before it goes into foreclosure, my sister lives in the home but can no longer pay the mortgage. need advice quick in Macon Ga

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: If my mother dies and she named me in her will to receive her house, do I have to go through probate?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Are gold bond stamps worth anything now?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 28, 2022

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...
Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Do I have to pay the mortgage on an inherited house if I put it in a trust?

I am the sole person, listed as beneficiary & awarded in probate court.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 17, 2022

You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.

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